PITTSBURGH – Pittsburgh City Council has tentatively approved paying $50,000 to settle a free speech lawsuit filed by a man cited for giving a city police officer the middle finger.

Thirty-five-year-old David Hackbart, of Butler, made the gesture at a driver in April 2006, then did it again when someone yelled at him — realizing only later the second person was a police officer.

The American Civil Liberties Union sued saying Hackbart’s gesture was constitutionally protected speech. A federal judge postponed a September trial indefinitely at the request of attorneys on both sides.

Council gave initial approval to the settlement Tuesday, but must vote again next week to finally approve the payment.